Mehera Begum v. The State of Assam and 3 Ors

ORDER

22.07.2024

¶1None appears for the petitioner. However, Mr. J. K. Goswami, learned Standing Counsel, APDCL for the respondent No. 2, and Mr. M. Chutia, learned Junior Government Advocate, Assam for the respondent Nos. 1, 3 and 4 are present.

¶2It is the case for the petitioner that an incident of electrocution occurred in the morning of 09.04.2020 at village Kacharipeti, Pt-II under Abhayapuri Police Station of Bongaigaon District wherein the husband of the petitioner died.

¶3In this regard an F.I.R. was lodged and accordingly, Abhayapuri P.S. Case No. 14/2020 was registered as unnatural death case. Post mortem on the body of the deceased was conducted on the same date i.e. on 09.04.2020 and the post mortem report annexed with the writ petition suggests that the deceased died of cardiac arrest with inhibition of respiratory centre in medulla of brain as a result of automortem electrocution.

¶4An enquiry was conducted in terms of Section 161 of the Electricity Act, 2003 and a report was submitted by the Deputy Chief Electrical Inspector, on

03.11.2021 alleging certain negligence on the part of the deceased husband of the petitioner.

¶5Accordingly, the second writ petition being Writ Petition (C) No. 6743/2021 was Page No.# 4/4 filed assailing such report of the Deputy Chief Electrical Inspector. It is also seen that the petitioner had already filed an appeal under Section 162(2) of the Electricity Act, 2003 assailing the enquiry report dated 03.11.2021.

¶6In view of the aforesaid, the determination that is to be made is the correctness of the enquiry report dated 03.11.2021 and on the result of such determination, the necessary order for payment of compensation can be passed. The petitioner had already filed an appeal under Section 162(2) of the Electricity Act, 2003, assailing the enquiry report dated 03.11.2021.

¶7That being the position, there is no need to continue with two simultaneous proceedings on the same cause of action.

¶8Accordingly, both the writ petitions stands closed. However, same shall not debar the petitioner to approach before the appropriate forum including this Court in the event any adverse determination is made against the petitioner in the pending appeal.

¶9Both the writ petitions stands disposed of. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010085642021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3291/2021 MEHERA BEGUM W/O LATE ASHRAB ALI VILLAGE KACHIRPETY PT II PO AMBARI, PS ABHAYAPURI, DIST BONGAIGAON, ASSAM , 783384 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, POWER AND ELECTRICITY DISPUR GUWAHATI 06 2:THE CHAIRMAN APDCL. BIJULEE BHAWAN PALTAN BAZAR GUWAHATI 01 3:THE CHIEF ELECTRICAL INSPECTOR DISPUR GUWAHATI 06 4:THE DEPUTY COMMISSIONER BONGAIGAON PO AND PS BONGAIGAON ASSAM 78338 Advocate for the Petitioner : MR. A WAHAB Advocate for the Respondent : GA, ASSAM Page No.# 2/4 Linked Case : WP(C)/6743/2023 MEHERA BEGUM W/O- LATE ASHRAB ALI VILL- KACHARIPETY PART II P.O- AMBARI P.S- ABHAYAPURI DIST-BONGAIGAON PIN-783384 VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF POWER AND ELECTRICITY DEPARTMENT DISPUR GUWAHATI-06 2:THE CHAIRMAN ASSAM POWER DISTRIBUTION COMPANY LTD. (APDCL) BIJULEE BHAWAN PALTANBAZAR GUWAHATI PIN- 781001. 3:THE CHIEF ELECTRICAL INSPECTOR GOVT. OF ASSAM GUWAHATI (HQ) HOUSEFED COMPLEX DISPUR GUWAHATI-0 4:THE DISTRICT COMMISSIONER BONGAIGAON P.O P.S AND DIST- BONGAIGAON Page No.# 3/4 PIN-783380 ------------ Advocate for : MR. A WAHAB Advocate for : SC APDCL appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY